Tag Archive for: financial forensics

 

When a client voiced strong suspicions that her soon-to-be ex-husband was hiding assets, her attorney investigated the claim but found nothing amiss. However, he hired a forensic accounting expert to help ensure his client would receive an equitable share of the marital estate. The expert turned up a trunkload of hidden treasure — undeclared cash income and property “stashed” under the names of the husband’s mother and siblings.

Deceptive spouses — and other parties to litigation — often are experts at hiding assets. To protect your client from such scam artists, you’ll need your own expert.

Gathering data

To begin their search for hidden assets, financial experts request information and records relating to the spouse’s employment and financial holdings. Details about all sources of income (including pending litigation and insurance settlements), and all banks, brokerage firms and other financial institutions where the spouse has held accounts, are critical.

Experts also need to know about the spouse’s lifestyle and personal spending habits, as well as his or her personal and business relationships. The individual could be funneling income or assets to family members, friends and business associates.

Tax returns can be a particularly rich source of information. Itemized deductions listed on Schedule A, for example, may suggest that the spouse is living beyond his or her apparent means, in turn raising the possibility of hidden assets. It’s important to investigate whether the deductions for property taxes, mortgage interest and charitable giving are proportionate to reported income.

Methods that work

Experts use one or more of several methods to ferret out assets:

Net worth. The spouse’s net worth (assets less liabilities) at the beginning of a period is compared with the ending net worth. Information about assets might be accessed through bank and brokerage records, tax returns, and credit applications.

Expenditure. This strategy is deployed by matching the spouse’s total personal expenditures during a period of time — using evidence from bank statements and canceled checks — against the available sources of funds. These sources can include salary, loans, gifts, inheritances and cash on hand at the beginning of the period.

Bank deposits. This method assumes that money is either spent or deposited. Thus, net deposits (deposits less transfers and redeposits) are added to cash expenditures to

calculate total receipts. Funds from known sources are then deducted to calculate the total funds from unknown sources.

Business owners pose particular challenges

If the suspected scammer is a business owner, he or she may try to use the company to mask assets and income. A deceptive spouse, for example, may use business funds to purchase personal assets, such as cars and real estate, or to cover personal expenses, such as mobile phone bills, insurance premiums or club membership dues. All of these expenditures can reduce the business’s net income, thereby reducing its value as a marital asset.

The business also could have unreported income. A forensic accounting expert will scrutinize:

* Actual expenses,

* Associated expected sales,

* Accounts receivable,

* Journal entry write-offs,

* Internal controls (and the owner’s ability to override them), and

* Expected profitability.

Finally, an expert will search for related-party transactions. These are important because they can indicate the owner’s attempts to divert income from the business.

What clients deserve

No matter how well-intentioned, clients and attorneys are unlikely to be able to find all of a deceptive spouse’s hidden assets or income on their own. Forensic accountants, on the other hand, are trained to gather relevant data, scour it for anomalies and prove that the opposing party is being dishonest. This is the kind of expertise your client deserves.  CJA Forensic Accounting provides this type of expertise.

 

© 2014 TR

Over the last several years, the number of cases related to financial statement fraud has experienced a gradual increase. In fact, according to a recent Cornerstone Research report, Accounting Class Action Filings and Settlements—2014 Review and Analysis, shows the SEC has a heightened focus on accounting, with cases involving restatements reaching a 7-year high in 2014.

Corporate FraudWhen you first hear the phrase financial statement fraud, you might think of having a bank statement that does not reflect the actual transactions that took place relating to a particular account. To be precise, financial statement fraud is a calculated method to omit, include, or misrepresent information that would affect the interpretation of a statement by the reader.

Both private and public businesses commit financial statement fraud to gain financially, conceal misappropriation of funds, or satisfy stakeholders in various circumstances. Top-level management most often performs financial statement fraud but any accounting employees with the inclination, ethical ambiguity, or pressure to “cook the books” may do so.

Indicators of Financial Statement Fraud

Although businesses that commit financial statement fraud might carry out such activities for any number of reasons, they risk coming into collision with the IRS. If tax returns do not coincide with the businesses’ statements, financial statement fraud may be the underlying reason. Below are some ways financial statement fraud is manipulated in business:

1. Improper Income Recognition

When a company does not give the right figures on the revenue they are committing financial statement fraud. The reason for this can be something as simple as the business realizing that it has experienced an increase in revenue and does not want all of it taxed. To keep some of the extra revenue, they might decide to doctor their statements to reflect lower income entries so that taxes are reduced.

2. Manipulating Expenses

For companies that want to seek financial assistance from potential investors or stakeholders, altering expenses may be one way they aim to be appealing. If a company recognizes that a stakeholder will only offer financial assistance if expenses are up to a given level, increasing costs on the statement might prove to be a viable option. Inversely, a company that wants to conceal misappropriation of funds might alter the statement to display lower levels of expenses.

3. Complexities in the Statement

If an account displays some complex transactions that are not clearly reflected in the statement, it might raise a flag. Complex transactions are sometimes included in statements to deviate the attention of the reader from some irregularities that, if detected, would raise controversies. As a result, complex statements keep the observer occupied, hence, missing out on important information on the statement.

Benefits of a Forensic Accountant

The discovery of financial statement fraud can have far-reaching implications for a business that may undermine their credibility and integrity. Investors are predominantly at risk, either by being misled prior to investment being, or by invested funds being misused. Others that may be defrauded are banks considering loans, suppliers with outstanding receivables, and customers who get paid by performance or are contracted to hit certain revenue milestones.
To avoid the above issues, consulting a CPA who specializes in forensic accounting is strongly recommended—and as most will say, when fraud is suspected—the earlier, the better. A forensic accountant is experienced in tracing funds, identifying assets, recovering assets, financial intelligence gathering, performing suspect interviews, and performing due diligence. These are critical skills needed to address concerns before they become red flags for the IRS.
If fraud is possibly an issue or if you are picking up the pieces after fraud has been uncovered, hiring an outside independent CPA firm to prepare financial statements can bring an added level of reassurance that integrity and objectivity is being upheld.
If financial statement fraud activities are brought to light, a business not only threatens tarnishing its reputation but also may be at risk for costly lawsuits and encourages regulatory involvement. To avoid such a fate, it is important that the business takes every precaution to avoid being linked in any activities that might lead to financial statement fraud.
Resources:

How financial statements reveal corporate fraud

The U.S. economy is finally recovering from the effects of the recession, but at least one major financial risk remains — corporate fraud. Fortunately, a CPA certified in financial forensics (CFF) can help companies and investors minimize losses from fraudulent conduct by scrutinizing a business’s financial statements.

Fictional finances

Corporate fraud often is concealed when a company intentionally misrepresents material information in its financial reports. Such misrepresentations can result from the misapplication of accounting principles, overly aggressive estimates of figures and material omissions. For example, financial statements might report fictitious revenues or conceal expenses or liabilities to make a company appear more profitable than it truly is.

To cover fraud, perpetrators often conceal or omit information that could damage or improperly change the bottom-line results that appear in financial statements. Such omissions include:

  • Events likely to affect future statements, such as impending product obsolescence, new competition and potential lawsuits,
  • Liabilities such as loan covenants or contingency liabilities,
  • Accounting changes that materially affect financial statements — including methods of accounting for depreciation, revenue recognition or accruals — and are subject to disclosure rules, and
  • Related-party transactions, or those with a party with whom a member of management has a financial interest.

Perpetrators also might engage in fraudulent manipulation, particularly in the areas of revenues, expenses, reserves and one-time charges. Falsified financial statements can recognize sales prematurely, improperly value sales transactions (by, for example, inflating the per unit price) or report phantom sales that never occurred. Conversely, expenses can be manipulated by delaying their recognition — whether to match the expenses with their corresponding revenue or to avoid reporting a loss. Another trick is to improperly capitalize expenses so they appear on the company’s balance sheet rather than its income statement.

In some cases, fraudulent financial statements show reserves that have been calculated using bad-faith estimates. For example, fraudsters could justify a smaller amount of reserves by underestimating the percentage of uncollectible receivables. One-time charges, such as a write-off of goodwill or charge for research and development costs for a specific product, can further distort financial statement figures.

Reading between the lines

When fraud is suspected, a forensic CPA can dig into complex financial statements and uncover manipulation that might not be apparent to the untrained eye. A fraud expert begins by reviewing the suspicious statements for unusual trends and relationships. Any leads are followed by more intensive forensic accounting work, such as analysis of specific transactions, journal entries, work papers and supporting documentation. This type of examination goes far beyond a standard annual audit.

The CPA also may employ several types of analyses. Vertical analysis compares the proportion of each financial statement item — or groups of items — to a total within a single year that can be measured against industry norms. Horizontal analysis compares current data with data from previous years to detect patterns and trends. Financial ratio analysis calculates ratios from the current year’s data and compares those with previous years’ ratios for the company, comparable companies and the relevant industry. The expert, of course, must have experience in the subject industry and be able to recognize noncompliance with Generally Accepted Accounting Principles.

In fact, noncompliance is a significant red flag for financial statement fraud. The Association of Certified Fraud Examiners (ACFE) has identified several other behavioral red flags, including employees who live beyond their means and exhibit a cavalier attitude toward internal controls.

Keep a lid on fraud costs

The ACFE has estimated the median loss in financial statement fraud schemes at $1 million — to say nothing of the public relations damage that rogue executives who manipulate the numbers can cause. With their vast experience in crawling over financial statements, qualified forensic CPAs can help limit your clients’ losses.

This information is, in part, © 2014 TRTA

 

Forensic accountants/CPAs require unique skills and training in order to blend accounting, auditing, and investigative skills to uncover and analyze financial data. In addition, to uncovering fraud, forensic accountants/CPAs provide litigation support in a courtroom setting. If you are a government contractor, considering hiring a forensic accountant or CPA, here are five things your forensic expert should know:

1. Government Contractors and their Unique Accounting Needs

Extensive experience in assisting government contractors is critical. CPA firms like Cheryl Jefferson & Associates are familiar with the specific needs of government agencies, their frequently changing regulations, and how to navigate a government contract audit. An experienced forensic CPA can provide more accurate service, more quickly, and know what to look for as it relates to government contract requirements.

2. Small Businesses and Their Internal Control Limitations

Small business accounting may appear to be simpler than that of a larger business. This isn’t always the case as many subtle nuances must be considered when working with smaller companies. A forensic CPA/accountant that specializes in these types of clients and are aware of all the intricacies that come with them, will be more fluent their particular internal controls. This will significantly reduce the time spent on researching accounting and taxation matters.

3. Cost and Revenue Sharing Joint Ventures Disputes

Forensic accounting specialists that have a great deal of experience in analyzing cost and revenue sharing arrangements, and can greatly expedite resolving joint ventures disputes. Because joint venture disputes require special knowledge, your forensic expert should have experience with accounting for joint ventures in order to adequately resolve all issues. Cost analysis can dramatically change the outcome of such contracts so there is a lot at stake. It is important to hire the right team that can support a fair resolution.

4. False Claims Act & Unallowable Payments

An experienced forensic CPA/accountant can offer advice on accounting practices and transactions that  may violate the False Claims Act and other matters of unallowable payments. Such information can help your company avoid committing fraud against the government, as well as defend against false claims act charges. Government contractors often need consulting on how to navigate these issues to avoid further claims so a high-quality forensic advisory service is essential.

5. Fraud in Financial Reporting and Employee Theft

No company wants to deal with fraud, but the unfortunate truth is fraud, bribery and corruption cases continue to rise. A forensic CPA can conduct extensive review on financial reports to identify possible fraud. Employee theft can be uncovered by specialists through the examination of company financials records and assets. An experienced CPA will know what to look for in order to identify fraud or employee theft within your business.

Cheryl Jefferson & Associates provides accounting, auditing, and advisory services to small businesses and government contractors, in conjunction with the comprehensive forensic accounting services of CJA Forensic Accounting, for your business. Our principal is certified in financial forensics (CFF) and is dedicated to make sure you receive a high-quality experience. We are confident that we will be able to take care of your company’s needs. Contact us to get the facts today!